Supreme Court To Issue Final Ruling On Sonko’s Impeachment Today

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The Supreme Court is expected to issue a ruling later on Friday on whether or not former Nairobi governor Mike Sonko was properly impeached from office.

Despite being cleared by the Independent Electoral and Boundaries Commission (IEBC) to contest for Mombasa County’s governor seat at the August polls, the new ruling may make or break Sonko’s political career since persons who have been impeached from office are automatically barred from assuming public positions.

Chief Justice Martha Koome announced on Thursday, that the Supreme Court bench, consisting of Deputy Chief Justice Philomena Mwilu and Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko, will issue a ruling on Sonko’s fate Friday afternoon, which will be relayed to the former governor’s team, via a notice, by the registrar of the apex court.

Koome’s announcement followed a six-hour session at the apex court in which Sonko’s lawyers challenged the High Court and the Court of Appeal’s decision to uphold his ouster from office. They likewise challenged the Senate’s move to pass the motion of impeachment. 

Sonko’s lawyers argue that he was removed from office illegally owing to the fact that he was allegedly not given the opportunity to defend himself before the Senate and the Nairobi County Assembly. They also argue that Nairobi residents were not involved in the process.

“Due process was not followed by the county assembly in the impeachment of the governor of Nairobi County. Impeachment is a legal process and flouting any single step of impeachment would render the entire process unlawful,” said his lawyers.

Sonko was impeached from office in December 2020 after 88 out of 122 Nairobi MCAs voted in favour of a motion seeking to oust the ex-governor from office. Only two MCAs, among those who were present in the Assembly, voted against the motion.

At least 82 MCAs were required to support the motion for it to achieve the required two-thirds majority threshold.

Sonko was impeached on grounds of abuse of office, gross misconduct as well as lack of capability to run county affairs, accusations that he has repeatedly denied.

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